How Does Trademark Registration Protect Your Business Identity And Brand

A trade mark is a source identifier that allows the public to identify a product or service. The functioning of a trademark is a concept that many of us use on a daily basis without realising it is used to identify a product or service. For example, Trademark Law applies when a customer simply selects a product from a supermarket among many others. It serves to identify the public while also allowing brand owners to reap the rewards of their hard work, time, and effort involved in the creation of the product or service. A product without a name is lost and difficult to find in the marketplace. As a result, each product and service has been assigned a distinctive name known as a trademark.

Why is trademark registration necessary?

In India, the Trade Marks Act of 1999 manages trademark registration. The registration of a trademark is not required in India. It is optional under the Act. However, there are numerous advantages to filing a trademark in India. A trademark must be registered if a company seeks to distinguish its goods or services from those of others. Trademarks serve as the cornerstone for developing a company's brand and establishing customer trust, allowing them to generate goodwill.

The registration of a trademark secures it and offers all of the benefits of trademark protection. It ensures that the company's goods or services stand out in the market. This protects against similar trademarks appearing in the same goods or services that may confuse the public. Any unlawful use of a trademark for identical products or services after it has been registered constitutes infringement.

How does trademark registration protect business identity and brand

• Trademarks are distinctive signs used to identify the brand's products or services. It could be a word or a phrase, a term, a logo, a tag line, or a symbol for these objects. It assists consumers in identifying the brand and enables differentiation from competing companies in the marketplace. Traditionally, trademarks reduce confusion since they allow corporate organisations to differentiate between their items or services given to the consuming public. They become operational when numerous brands sell similar goods or services.

• Trademarks are reciprocal because they are legal rights with a high monetary value that can significantly increase the value of any firm. They stated that a strong trademark improves a brand's market position and negotiating power.

• Another method of commercialising trademarks is by licensing, in which the owner allows a third party authorisation to use the trademark in accordance with the royalty rates to be paid. This can result in alternate sources of income to supplement primary ones that may have been insufficient to carry out the desired functions.

• Infringement occurs when third parties utilise a registered trademark for their products or goods without the owner's authorisation. This simply means that infringement is an owner's right to pursue legal action against third parties that breach the registered trademark. In a case of infringement, the court may order that the third party refrain from further using the registered trademark and, in extreme situations, refund the revenues earned from the use of such a brand to the owner.

• The registration of a trademark lasts ten years. After registration, no third party may use it in an unlawful manner for 10 years. Thus, it protects the trademark in a cost-effective manner for ten years. After ten years, the owner should attempt to renew the trademark for a further ten years.

• Customers usually choose popular trademarked products or commodities. Customers trust well-known trademarked products or commodities for their quality and origin. This generates a positive impression of the company. As a result, it attracts a large number of clients and helps the firm grow.

• Trademarks are a company's intellectual property. Thus, a trademark is a company's asset. A registered trademark grants its owner the right to sell, assign, franchise, or commercially use the trademark. It is a potential source of income.

• One of the advantages of trademark registration is that it confers exclusive rights to the trademark. The trademark owner has the right to use it on all items or goods that fall into the categories for which it is registered. The registration of a trademark grants the owner the exclusive right to sue third parties who use a similar or identical mark for their products without permission.

A trademark owner cannot choose a descriptive trademark. They need to create a unique trademark for their products and services. Descriptive and generic trademarks are not eligible for registration. The benefits of trademarks outweigh the negatives. A trademark promotes business growth and attracts more clients. So, it is preferable to register it to prevent unauthorized use by third parties.

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